Author Topic: Westminster Code 12 Parked in Residents Bay  (Read 80 times)

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Westminster Code 12 Parked in Residents Bay
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On behalf of a friend, who got a ticket for parking on a residents bay however the sign that was closest to her car indicated it was okay.

Looking at the council pics, it appears she parked at the cut off where the bay goes from a residents only bay to a pay by phone bay during the permitted hours.

Is there an argument here that perhaps the signage / bay marking were a bit misleading?

Pics attached here including the pic of the signage closest to the car:
https://imgpile.com/p/KVH34fm#LMACOEW


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Re: Westminster Code 12 Parked in Residents Bay
« Reply #1 on: »
Sorry, you haven't given us enough info. Please read this and update your thread accordingly
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

Main things missing - PCN and a GSV link
Do not redact anything on the PCN unless it has name and address which you must redact.

Re: Westminster Code 12 Parked in Residents Bay
« Reply #2 on: »
The PCN can be seen within the link I shared. I think the confusion lies with the signage, which seems to only apply to motorcycles however the section under it is for vehicles which gave the impression it was ok to park there.

I’ll fish out the GSV link and send through shortly

Re: Westminster Code 12 Parked in Residents Bay
« Reply #3 on: »
Looks like the location is here: -
Find local businesses, view maps and get driving directions in Google Maps.
Find local businesses, view maps and get driving directions in Google Maps. · maps.app.goo.gl


The sign nearest your friend's car is for the motorcycles bay: -
Find local businesses, view maps and get driving directions in Google Maps.
Find local businesses, view maps and get driving directions in Google Maps. · maps.app.goo.gl


The bay she parked in is Residents only: -
Find local businesses, view maps and get driving directions in Google Maps.
Find local businesses, view maps and get driving directions in Google Maps. · maps.app.goo.gl


The bays are correctly marked with a double-dashed divider, but parking in either would have got her a PCN.

Re: Westminster Code 12 Parked in Residents Bay
« Reply #4 on: »
Okay thanks for finding the GSV. So the signage for the motorcycle bay is effectively split in two - which looks like the top one is for motorcycles, whilst the bottom one is for vehicles? Makes no sense

She parked after the prohibited hours so why would she get a ticket for parking on this bay? Unless I’m mis-reading the sign but I can see why people get confused

Re: Westminster Code 12 Parked in Residents Bay
« Reply #5 on: »
Okay thanks for finding the GSV. So the signage for the motorcycle bay is effectively split in two - which looks like the top one is for motorcycles, whilst the bottom one is for vehicles? Makes no sense

She parked after the prohibited hours so why would she get a ticket for parking on this bay? Unless I’m mis-reading the sign but I can see why people get confused
The motorcycle bay sign has two signs one on top of the other which means both apply to the bay. The first one tells you it is for motorcycles only 7am to 7pm, then the second one below it, tells you payment is requireed to park a motorcycle there from 8.30am to 6.30pm. Both signs apply Monday-Saturday only. So yes, if she had parked in this pay at the time on the PCN, she would not have received one.

However, she parked in the 'resident permit holders only' bay. There are no times on that, so it applies 24x7.

What she clearly missed is the bay divider by the sign for the motorcycle bay: -
Find local businesses, view maps and get driving directions in Google Maps.
Find local businesses, view maps and get driving directions in Google Maps. · maps.app.goo.gl


The best way to sign such bays is to mount the signs for each bay on a single pole side-by-side, with a direction arrow to indicate applicability, so she could submit reps on the basis of misleading signage.

Re: Westminster Code 12 Parked in Residents Bay
« Reply #6 on: »
Okay thanks, so worth appealing on the basis of misleading signage? Have drafted the below, please let me know feedback:

I challenge this PCN on the basis that the restriction was not adequately conveyed by the signage at the location.

The Council’s own photographs show a number of different restrictions displayed on signage in close proximity, including motorcycle restrictions, resident permit restrictions and payment information. The sign relied upon is not positioned in a way that clearly identifies the exact bay to which it applies.

For bays with different restrictions, clear signing normally requires the restriction for each bay to be unmistakable — for example, signs mounted together with clear arrows or positioning indicating which individual bay or section they govern. In this case, the signage arrangement is ambiguous and could reasonably mislead a motorist.

Under Regulation 18 of the Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996, the Council has a duty to ensure that restrictions are adequately indicated. The evidence provided does not demonstrate that the resident permit restriction was clearly conveyed for the precise location where the vehicle was parked.

I therefore request that the PCN is cancelled.

Re: Westminster Code 12 Parked in Residents Bay
« Reply #7 on: »
Looking at the council pics, it appears she parked at the cut off where the bay goes from a residents only bay to a pay by phone bay during the permitted hours.

So....did she pay?

You have misstated the contravention but this not unusual, one could give up the will to live just trying to read it to the end.

But I suggest you focus on the last part..'or payment of the parking charge'.

If she paid, then I suggest that the reps should change focus.

Re: Westminster Code 12 Parked in Residents Bay
« Reply #8 on: »
No she didn’t pay because the bay she thought she parked at was outside the restricted hours

Re: Westminster Code 12 Parked in Residents Bay
« Reply #9 on: »
So is it still worth appealing with the above? Think reps need to be submitted by end of week so wondering if draft is ok? Thanks

Re: Westminster Code 12 Parked in Residents Bay
« Reply #10 on: »
Sorry to chase but need to respond by tomorrow appreciate any thoughts